CIT v. Rajendra Prasad Gupta

248 ITR 350High Court2001#7956 most cited
14

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2018 to 2025.

Sections most often in play

Section 131Section 132Section 132(4)Section 132(4A)Section 143(3)Section 153ASection 292CSection 136

Issues it is cited on

section 131(1)section 31tangible materialunexplained expendituresection 69csection 132(4)section 131unexplained cash creditsalaryscrutiny assessmentincriminating materialsection 153

Judgments citing CIT v. Rajendra Prasad Gupta

M/S. LALITHA JEWELLERY MART LTD.,CHENNAI vs. DCIT, CENTRAL CIRCLE-1(4), CHENNAI

In the result, all the appeals of the assessee are partly allowed

ITA 679/CHNY/2025[2020-21]Status: DisposedITAT Chennai12 Jun 2025AY 2020-21

Bench: Shri Aby T. Varkey & Shrimanoj Kumar Aggarwal

For Appellant: Mr. D. Anand, AdvocateFor Respondent: Mr. Shiva Srinivas, CIT
Section 132Section 153A

…s regard, we also gainfully refer to the following observations of the Hon’ble Bombay High Court in the case of observations of the Hon’ble Bombay High Court in the case of observations of the Hon’ble Bombay High Court in the case of CIT Vs C.J. Shah & Co. (248 ITR 350) ITR 350) wherein on somewhat similar facts and wherein on somewhat similar facts and circumstances, the assumption drawn by the AO on the basis of material circumstances, the assumption drawn by the AO on the basis of material circumstances, the assumption drawn by the AO on the basis of material ITA Nos.675 to 675 to 680/Chny/2025 (AYs 2016 16…

M/S. LALITHA JEWELLERY MART LTD.,CHENNAI vs. DCIT, CENTRAL CIRCLE-1(4), CHENNAI

In the result, all the appeals of the assessee are partly allowed

ITA 678/CHNY/2025[2019-20]Status: DisposedITAT Chennai12 Jun 2025AY 2019-20

Bench: Shri Aby T. Varkey & Shrimanoj Kumar Aggarwal

For Appellant: Mr. D. Anand, AdvocateFor Respondent: Mr. Shiva Srinivas, CIT
Section 132Section 153A

…s regard, we also gainfully refer to the following observations of the Hon’ble Bombay High Court in the case of observations of the Hon’ble Bombay High Court in the case of observations of the Hon’ble Bombay High Court in the case of CIT Vs C.J. Shah & Co. (248 ITR 350) ITR 350) wherein on somewhat similar facts and wherein on somewhat similar facts and circumstances, the assumption drawn by the AO on the basis of material circumstances, the assumption drawn by the AO on the basis of material circumstances, the assumption drawn by the AO on the basis of material ITA Nos.675 to 675 to 680/Chny/2025 (AYs 2016 16…

M/S. LALITHA JEWELLERY MART LTD.,CHENNAI vs. DCIT, CENTRAL CIRCLE-1(4), CHENNAI

In the result, all the appeals of the assessee are partly allowed

ITA 677/CHNY/2025[2018-19]Status: DisposedITAT Chennai12 Jun 2025AY 2018-19

Bench: Shri Aby T. Varkey & Shrimanoj Kumar Aggarwal

For Appellant: Mr. D. Anand, AdvocateFor Respondent: Mr. Shiva Srinivas, CIT
Section 132Section 153A

…s regard, we also gainfully refer to the following observations of the Hon’ble Bombay High Court in the case of observations of the Hon’ble Bombay High Court in the case of observations of the Hon’ble Bombay High Court in the case of CIT Vs C.J. Shah & Co. (248 ITR 350) ITR 350) wherein on somewhat similar facts and wherein on somewhat similar facts and circumstances, the assumption drawn by the AO on the basis of material circumstances, the assumption drawn by the AO on the basis of material circumstances, the assumption drawn by the AO on the basis of material ITA Nos.675 to 675 to 680/Chny/2025 (AYs 2016 16…

SHRI ASHISH KUMAR DEY,DHARMANAGAR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-SILCHAR, SILCHAR

In the result, appeals of the assessee are allowed

ITA 122/GTY/2011[1/4/1989 to 8/12/1999]Status: DisposedITAT Guwahati20 Sept 2022

Bench: Shri Rajpal Yadav, Hon’Ble & Shri Manish Borad, Hon’Blei.T.A. No. 120/Gty/2011 Block Year: 01/04/1989 To 08/12/1999 Shri Subhash Chandra Dey Assistant Commissioner Of Office-Tilla Vs Income Tax, Circle-Silchar Dharmanagar -799250 Tripura [Pan: Acrpd1916F] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent)

For Appellant: Shri Nirmal Singh Dugar, ITPFor Respondent: Shri N.T. Sherpa, JCIT
Section 132Section 158B

…nd as a result of search is clearly relatable to Sections 132 and 132A. Similarly Hon'ble Rajasthan High Court has explained the scope of block assessment and determination of undisclosed income in CIT v. Rajendra Prasad Gupta (2001) 166 CTR (Raj) 83 : (2001) 248 ITR 350 (Raj). The following observations are worth to note: "However, under the scheme of the provisions for block assessment, it is apparent that it relates to assessment of 'undisclosed income' of the assessee excluding the income subjected to regular assessment in pursuance of the returns filed by the assessee for such period. It is also apparent fro…

SMT. MAYA RANI DEY,DHARMANAGAR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-SILCHAR, SILCHAR

In the result, appeals of the assessee are allowed

ITA 121/GTY/2011[1/4/1989 to 8/12/1999]Status: DisposedITAT Guwahati20 Sept 2022

Bench: Shri Rajpal Yadav, Hon’Ble & Shri Manish Borad, Hon’Blei.T.A. No. 120/Gty/2011 Block Year: 01/04/1989 To 08/12/1999 Shri Subhash Chandra Dey Assistant Commissioner Of Office-Tilla Vs Income Tax, Circle-Silchar Dharmanagar -799250 Tripura [Pan: Acrpd1916F] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent)

For Appellant: Shri Nirmal Singh Dugar, ITPFor Respondent: Shri N.T. Sherpa, JCIT
Section 132Section 158B

…nd as a result of search is clearly relatable to Sections 132 and 132A. Similarly Hon'ble Rajasthan High Court has explained the scope of block assessment and determination of undisclosed income in CIT v. Rajendra Prasad Gupta (2001) 166 CTR (Raj) 83 : (2001) 248 ITR 350 (Raj). The following observations are worth to note: "However, under the scheme of the provisions for block assessment, it is apparent that it relates to assessment of 'undisclosed income' of the assessee excluding the income subjected to regular assessment in pursuance of the returns filed by the assessee for such period. It is also apparent fro…

SHRI SUBHASH CHANDRA DEY,DHARMANAGAR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE- SILCHAR, SILCHAR

In the result, appeals of the assessee are allowed

ITA 120/GTY/2011[1/4/1989 to 8/12/1999]Status: DisposedITAT Guwahati20 Sept 2022

Bench: Shri Rajpal Yadav, Hon’Ble & Shri Manish Borad, Hon’Blei.T.A. No. 120/Gty/2011 Block Year: 01/04/1989 To 08/12/1999 Shri Subhash Chandra Dey Assistant Commissioner Of Office-Tilla Vs Income Tax, Circle-Silchar Dharmanagar -799250 Tripura [Pan: Acrpd1916F] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent)

For Appellant: Shri Nirmal Singh Dugar, ITPFor Respondent: Shri N.T. Sherpa, JCIT
Section 132Section 158B

…nd as a result of search is clearly relatable to Sections 132 and 132A. Similarly Hon'ble Rajasthan High Court has explained the scope of block assessment and determination of undisclosed income in CIT v. Rajendra Prasad Gupta (2001) 166 CTR (Raj) 83 : (2001) 248 ITR 350 (Raj). The following observations are worth to note: "However, under the scheme of the provisions for block assessment, it is apparent that it relates to assessment of 'undisclosed income' of the assessee excluding the income subjected to regular assessment in pursuance of the returns filed by the assessee for such period. It is also apparent fro…

THE ACIT CEN CIR-13, MUMBAI vs. SHRI SURESH V. JAIN, MUMBAI

Accordingly, ground raised by the revenue is dismissed

ITA 5091/MUM/2007[2005-2006]Status: DisposedITAT Mumbai10 Dec 2019AY 2005-2006

Bench: Shri S. Rifaur Rahman, Am & Shri Ram Lal Negi, Jm आयकरअपीलसं./ I.T.A. No. 5091/Mum/2007 (निर्धारणवर्ा / Assessment Year: 2005-06)

For Appellant: Shri L. K. S. DehiyaFor Respondent: ShriRajiv Khandelwal
Section 132(1)Section 153A

…a result of search or requisition of books of accounts or documents and such other material or information as available with the AP". d) Ravikdnt Jain, Delhi [250 ITR 141] e) Vinod DhanchandGhodawat, Bombay - [247 ITR 448] f) Rajendra Pd. Gupta, Rajasthan - [248 ITR 350] g) Pooja Bhatt- ITAT Mumbai [73 ITD 208] h) A. Sadasivan - ITAT Cal [255 ITR (A T) 1] In view of the above it is submitted that no additions can be made merely on the basis of the statements recorded u/s. 132(4) and the additions so made deserves to be deleted. 61 I.T.A. No. 5091 & 4198/Mum/2007 & CO-261/Mum/2007 Shri Suresh V. Jain 6. Without…

ASSISTANT COMMISSIONER OF INCOME-TAX,CIRCLE-2,(1), BILASPUR(CG) vs. SHRI PRAVEEN SALUJA, BILASPUR(CG)

In the result, appeal filed by Revenue is dismissed

ITA 92/BIL/2011[2007-08]Status: DisposedITAT Raipur17 Jan 2018AY 2007-08
For Appellant: Shri R.B.Doshi, ARFor Respondent: Shri R.K.Singh, CITDR
Section 106Section 131Section 69ASection 69C

…he seized assets and material gathered during search. It may possibly include the result of further enquiry with reference to such materials but it cannot provide an occasion for overall review of assessment already made. In CIT v Rajendra Prasad Gupta [2001] 248 ITR 350 (Raj), the HC pointed out that assessment to be framed as a consequence of search, should be with reference of undisclosed income. In other words, the estimate is not lightly made in every case of assessment framed as a result of search, except on a clear finding giving justification for the same, with reference to the return filed on the one han…

ASSISTANT COMMISSIONER OF INCOME TAX-1(1),, RAIPUR vs. SHRI. JAVED ALI PRADHAN,, RAIPUR

In the result, all appeals filed by the Revenue are dismissed

ITA 132/BIL/2011[2007-08]Status: DisposedITAT Raipur10 Jan 2018AY 2007-08

Bench: : Shri N.S.Saini & Shri Pavan Kumar Gadale, Judical Member

For Appellant: NoneFor Respondent: Shri R.K.Singh, CITDR

…taken the view that post-search assessment should be with reference to the seized assets and material gathered during search. It may include the result of further inquiry but necessarily with reference to such materials. In CIT v. Rajendra Prasad Gupta (2001) 248 ITR 350 (Raj.), the HC pointed out that assessment to be framed as a consequence of search should be with reference to undisclosed income. In other words, the estimate is not lightly made in every case of assessment framed as a result of search except on a clear finding giving justification for the same with reference to the material found during search…

ASSISTANT COMMISSIONER OF INCOME TAX-1(1),, RAIPUR vs. SHRI. JAVED ALI PRADHAN,, RAIPUR

In the result, all appeals filed by the Revenue are dismissed

ITA 131/BIL/2011[2006-07]Status: DisposedITAT Raipur10 Jan 2018AY 2006-07

Bench: : Shri N.S.Saini & Shri Pavan Kumar Gadale, Judical Member

For Appellant: NoneFor Respondent: Shri R.K.Singh, CITDR

…taken the view that post-search assessment should be with reference to the seized assets and material gathered during search. It may include the result of further inquiry but necessarily with reference to such materials. In CIT v. Rajendra Prasad Gupta (2001) 248 ITR 350 (Raj.), the HC pointed out that assessment to be framed as a consequence of search should be with reference to undisclosed income. In other words, the estimate is not lightly made in every case of assessment framed as a result of search except on a clear finding giving justification for the same with reference to the material found during search…

ASSISTANT COMMISSIONER OF INCOME TAX-1(1),, RAIPUR vs. SHRI. JAVED ALI PRADHAN,, RAIPUR

In the result, all appeals filed by the Revenue are dismissed

ITA 130/BIL/2011[2005-06]Status: DisposedITAT Raipur10 Jan 2018AY 2005-06

Bench: : Shri N.S.Saini & Shri Pavan Kumar Gadale, Judical Member

For Appellant: NoneFor Respondent: Shri R.K.Singh, CITDR

…taken the view that post-search assessment should be with reference to the seized assets and material gathered during search. It may include the result of further inquiry but necessarily with reference to such materials. In CIT v. Rajendra Prasad Gupta (2001) 248 ITR 350 (Raj.), the HC pointed out that assessment to be framed as a consequence of search should be with reference to undisclosed income. In other words, the estimate is not lightly made in every case of assessment framed as a result of search except on a clear finding giving justification for the same with reference to the material found during search…

ASSISTANT COMMISSIONER OF INCOME TAX-1(1),, RAIPUR vs. SHRI. JAVED ALI PRADHAN,, RAIPUR

In the result, all appeals filed by the Revenue are dismissed

ITA 128/BIL/2011[2003-04]Status: DisposedITAT Raipur10 Jan 2018AY 2003-04

Bench: : Shri N.S.Saini & Shri Pavan Kumar Gadale, Judical Member

For Appellant: NoneFor Respondent: Shri R.K.Singh, CITDR

…taken the view that post-search assessment should be with reference to the seized assets and material gathered during search. It may include the result of further inquiry but necessarily with reference to such materials. In CIT v. Rajendra Prasad Gupta (2001) 248 ITR 350 (Raj.), the HC pointed out that assessment to be framed as a consequence of search should be with reference to undisclosed income. In other words, the estimate is not lightly made in every case of assessment framed as a result of search except on a clear finding giving justification for the same with reference to the material found during search…

ASSISTANT COMMISSIONER OF INCOME TAX-1(1),, RAIPUR vs. SHRI. JAVED ALI PRADHAN,, RAIPUR

In the result, all appeals filed by the Revenue are dismissed

ITA 127/BIL/2011[2002-03]Status: DisposedITAT Raipur10 Jan 2018AY 2002-03

Bench: : Shri N.S.Saini & Shri Pavan Kumar Gadale, Judical Member

For Appellant: NoneFor Respondent: Shri R.K.Singh, CITDR

…taken the view that post-search assessment should be with reference to the seized assets and material gathered during search. It may include the result of further inquiry but necessarily with reference to such materials. In CIT v. Rajendra Prasad Gupta (2001) 248 ITR 350 (Raj.), the HC pointed out that assessment to be framed as a consequence of search should be with reference to undisclosed income. In other words, the estimate is not lightly made in every case of assessment framed as a result of search except on a clear finding giving justification for the same with reference to the material found during search…

ASSISTANT COMMISSIONER OF INCOME TAX-1(1),, RAIPUR vs. SHRI. JAVED ALI PRADHAN,, RAIPUR

In the result, all appeals filed by the Revenue are dismissed

ITA 126/BIL/2011[2001-02]Status: DisposedITAT Raipur10 Jan 2018AY 2001-02

Bench: : Shri N.S.Saini & Shri Pavan Kumar Gadale, Judical Member

For Appellant: NoneFor Respondent: Shri R.K.Singh, CITDR

…taken the view that post-search assessment should be with reference to the seized assets and material gathered during search. It may include the result of further inquiry but necessarily with reference to such materials. In CIT v. Rajendra Prasad Gupta (2001) 248 ITR 350 (Raj.), the HC pointed out that assessment to be framed as a consequence of search should be with reference to undisclosed income. In other words, the estimate is not lightly made in every case of assessment framed as a result of search except on a clear finding giving justification for the same with reference to the material found during search…